I am obligated to pay a debt my deceased mother owed to the state?
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I am obligated to pay a debt my deceased mother owed to the state?
My mother passed away in 2008 and 2 years later the health and TX health and human resource sent me a letter saying I had to pay the debt that my mother owed since I was on her lease. They told me I had to pay or my income will be garnished until the debt is paid. How can I get of paying a debt that my mother owed?
Asked on August 12, 2010 under Bankruptcy Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to seek help from someone in your area with this. Generally, a party is not responsible for the debts of another upon death. The estate of the person is responsible. There are exceptions like when there is a contract that makes you "jointly and severally liable" meaning that you are responsible together and separately. The type of lease you have here is unclear. Do you mean a lease for an apartment? Someone needs to read it on your behalf and tell you the best way to handle things. And what happened to her estate assets may play a part as well. In other words if they were all distributed without regard for debt that could be a problem. Good luck.
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